The 9th Circuit Court of Appeals thinks so. On March 11th, the appellate court overturned its controversial 2002 decision that found the “under God” unconstitutional. The 2002 case was brought by atheist Michael Newdow, whose daughter was being taught the Pledge in school.

In 2004, the Supreme Court heard Elk Grove Unified School District v. Newdow, an appeal of the ruling, but ultimately dismissed the case. Newdow was not the custodial parent, and thus legal standing.

Because the Supreme Court ducked the debate over the Pledge’s constitutionality, the 9th circuit’s recent decision was the first since 2002 to address it. In a 2-1 decision, they ruled that the phrase “under God” was of a “ceremonial and patriotic nature” and did not constitute an establishment of religion.

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